HomeMy WebLinkAbout77-14
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THE CORPORATION OF THE TOWN OF NEWCASTLE
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BY-LAW # '77.14-
Being a By-law to adopt an agreement with Ontario
Hydro in respect of the impact of the proposed
Darlington Nuclear Generating Station A.
WHEREAS Ontario Hydro (hereinafter referred to as
"the Corporation") plans to construct and operate a 3400
megawatt nuclear generating station, to be known as
Darlington Generating Station A, (hereinafter referred to
as the Station), in the Town of N~wcastle, in the former
Township of Darlington, west of th& former Town of
Bovrnanville, on Lake Ontario;
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AND WHEREAS the construction of the Station is planned
to take place over a period of approximately 8 years, and is
forecast to require, at its peak, a construction work force of
approximately 3,300 people, and a permanent work force of
approximately 500 people;
AND WHEREAS it is anticipated that the engagement of
this construction and permanent work force will cause signi-
ficant pressures for population growth in the Town of
Newcastle;
AND WHEREAS it is recognized that rapid population
growth will have social, economic and financial impacts on
the Town of Newcastle and'its inhabitants;
AND WHEREAS the Corporation plans to construct a
2,150 megawatt oil-fired generation station, to be known as
Wesleyville Generating Station, in the Township of Hope,
approximately two miles east of the east boundary of the Town
of Newcastle, on Lake Ontario;
AND WHEREAS the pressures for population growth due
to the work force engaged in connection with the construction
and operation of the Wesleyville Generating Station will com-
pound the social, economic and financial impacts on the Town
of Newcastle and its inhabitants noted above;
AND WHEREAS the Corporation has publicly stated that
it does not intend that the Town of Newcastle shall suffer as
a result of the construction and operation of the Station;
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AND WHEREAS the Corporation has prepared an environ-
mental analysis of the Station and its construction, and is
committed to ~itigating the effects of the construction and
operation of its facilities on the physical and natural
environment;
AND WHEREAS, prior to the construction and operation
of the Station, the Council of the Town of Newcastle must
ensure that such construction and operation will be carried
out in the public interest and in the interest of the general
health, ~afety and welfare of the inhabitants of the Town of
Newcastle;
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AND WHEREAS the Town of Newcastle has indicated its
concern about the impact of the construction and operation
of the Station in previous actions and resolutions adopted
by the Council of the Town of Newcastle;
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AND WHEREAS the corporation and the Town of
Newcastle have entered into discussions with a view to
mitigating the impacts;
AND WHEREAS as a result of these discussions the
Corporation has proposed an agreement (a copy of which is
annexed as Schedule "A" hereto) to the Town of Newcastle
wherein it agrees to compensate the Town of Newcastle for
all those financial impacts undergone by the Town of
Newcastle as a result of the construction and operation
of the Station;
NOW THEREFORE the Council of The Corporation of
the Town of Newcastle enacts as follows:
1.
The Corporation of the Town of Newcastle hereby
adopts and enters into an agreement with Ontario
Hydro, a copy of which is annexed as Schedule "A"
hereto.
2.
The Mayor and the Clerk of the Corporation of
the Town of Newcastle are hereby authorized and
directed to sign the agreement and to place
thereon the seal of the Corporation.
READ a first and second time this
/7.r----' day of
11 J4 fA { /+
, 1977.
~e~~
Mayor
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READ a third and final time this
ttl/-lACJI , 1977.
/ 7 t- day of
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THIS AGREEMENT made in duplicate this day of March
A.D. 1977.
BET WEE N:
ONTARIO HYDRO
herein referred to as the Corporation
OF THE FIRST PART
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THE CORPORATION OF THE TOWN OF
NEWCASTLE
herein referred to as the Town
OF THE SECOND PART
WHEREAS the Corporation plans to construct and operate
----. a 3400 megawatt nuclear generating station, to be known as
Darlington Generating Station A, (hereinafter referred to as
the Station), in the Town of Newcastle, in the former Township
of Darlington, west of the former Town of Bowmanville, on Lake
Ontario;
AND WHEREAS the construction of the Station is planned
to take place over a period of approx~tely 8 years, and is
forecast to require, at its peak, a construction work force of
approximately 3,300 people, and a permanent work force of
approx~tely 500 people;
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AND WHEREAS it is anticipated that the engagement of
this construction and permanent work force will cause signi-
ficant pressures for population growth in the Town of Newcastle;
AND WHEREAS it is recognized that rapid population
growth will have social, economic and financial ~pacts on the
Town and its inhabitants;
AND WHEREAS the Corporation plans to construct a 2,150
megawatt oil-fired generating station, to be known as Wesleyville
Generating Station, in the Township of Hope, approximately two
miles east of the east boundary of the Town of Newcastle, on
Lake Ontario;
AND WHEREAS the pressures for population growth due
to the work force engaged in connection with the construction
and operation of the Wesleyville Generating Station will com-
pound the social, economic and financial ~pacts on the Town
and its inhabitants noted above;
AND WHEREAS the Corporation does not intend that the
Town shall suffer as a result of the construction and operation
of the Station;
AND WHEREAS the Corporation has prepared an environmental
analysis of the Station and its construction, and is committed
to mitigating the effects of the construction and operation of
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its facilities on the physical and natural environment;
AND WHEREAS, prior to the construction and operation
of the Station, the Council of the Town must ensure that such
construction and operation will be carried out in the public
interest and in the interest of the general health, safety and
welfare of the inhabitants of the Town of Newcastle.
THEREFORE the Corporation and the Town hereby agree,
in consideration of the covenants hereinafter contained, and
other good and valuable consideration, as follows:
The Town agrees to provide the Corporation with all
approvals within its jurisdiction to grant to permit
the construction of the Station, provided that the
plans and specifications therefor comply with all
applicable legislation, regulations and by-laws
including the Atomic Energy Control Act and regula-
tions passed thereunder.
2. The Town agrees to pass any resolution, by-laws or
amendments to by-laws as may be necessary to permit
and expedite the construction and operation of the
Station.
1.
3. The Town agrees to request the Council of the Regional
Municipality of Durham to apply to the Minister of
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Housing for modification to the Regional Official
Plan to redesignate the Station site from "Special
Study Area" to a classification that will permit the
construction and operation of the Station. The Town
agrees to support the Corporation in any application
brought by the Corporation to obtain the necessary
redesignation.
4.
The Corporation agrees to involve the Town on a con-
tinuing basls in the discussions with government
ministries, in the research and design programs and
in the approval process under the Environmental
Protection Act leading to the establishment of an
approved design for the cooling water system for the
Station.
5. The Town agrees not to oppose any application or sub-
missions made by the Corporation to the Minister of the
Environment or the Lieutenant Governor in Council to
exempt, under Section 30 of The Environmental Assessment
Act, the undertaking of constructing, operating and
maintaining the Station from the application of The
Environmental Assessment Act.
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6.
The Town agrees to pass the necessary by-laws to
close such road allowances existing within the site
of the Station as may be requested by the Corporation
and to convey those road allowances to the Corporation
<at a price of $8,000 per acre) with a closing date of
September 1, 1977. The Corporation agree. to pay all
costs involved, including those for the preparation
of surveys, legal descriptions and deeds, drafting the
necessary by-laws and advertising by publication.
7. The Corporation agrees to compensate the Town for those
financial impacts undergone by the Town as a result of
the construction and operation of the Station including
financial impacts resulting from any reduction in popu-
lation in the Town of Newcastle due to the completion of
construction of the Station and emigration of workers
from the Town of Newcastle. It is understood that the
timing of such financial impacts may be advanced by the
construction of other facilities of the Corporation.
It is agreed that a preliminary but not exclusive list
of such financial impacts is as follows:
(a) the cost of advancing community facilities and
providing community services required to success-
fully integrate temporary workers into communities
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within the Town of Newcastle;
(b) the costs associated with advancing the construc-
tion of facilities necessary to accommodate the
increase in population due to the construction
and operation of the Station and of carrying the
incremental changes in cost due to a population
decline associated with the emigration of con-
struction workers from the Town of Newcastle;
(c) subject to the provisions of paragraph 12, the
cost of preparation and management of a development
strategy and growth management program to enable the
Town to adopt policies and ~lement plans to accom-
modate population growth associated with the Station;
(d) such other items which may be identified during the
preparation of the development strategy and growth
management program referred to in paragraph (c)
above, and during the monitoring process referred
to in paragraph 11.
8. The Corporation agrees to fund additional reasonable
studies by outside consultants, where more information
than has been provided by the Corporation is agreed to
be required in assessing the Lmpacts referred to in
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paragraph 1 and the compensation for those impacts.
The Town agrees to establish, by January 1, 1918, a
list of specific items of financial ~pact for which
supplementary agreements are required. The Town and
the Corporation agree to enter into such supplementary
agreements within which measures of compensation are
determined. Any failure to identify an item of impact
shall not relieve the Corporation of its obligation
assumed under paragraph 1 to compensate the Town for
such impact and the provisions of paragraph 20 are
applicable to any claLm.
The Town and the Corporation agree that the failure to
identify any item of impact by January 1, 1918, shall
not preclude the negotiation and settlement of further
supplementary agreements.
11. The Corporati~n agrees to propose methods, review
proposals and to participate with the Town in a process
of monitoring the ongoing social, economic and finan-
cial impact of the construction of the Station in the
Town of Newcastle and to fund expenses incurred by the
Town for such monitoring program to a max~ of $300,000
eoomeneing August 1, 1911, and concluding as provided in
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paragraph 22.
The Town agrees that the maximum
expenditure in anyone twelve month period shall not
exceed $50,000. (These maximums are within the overall
liability of the Corporation and are set in 1977 dollars.
They will be adjusted upwards to reflect increased costs
as a result of inflation.)
12. The Corporation agrees to fund to a maxLmum cost of
$80,000 the cost of the preparation and management of
the development strategy and growth management program
referred to in paragraph 7 (c).
13.
The Town agrees that it will enact in accordance with
established procedures, and at no expense to the
Corporation, the necessary zoning by-laws and,in co-
operation with the Regional MUnicipality of Durham,draft
the necessary official plan amendments to implement the
development strategy referred to in paragraph 12.
14. The Corporation agrees to pay the increase in costs for
improving and maintaining those roads and bridges,
except the South Service Road between the Courtice and
Waverly interchanges, reasonably required for the
increase in traffic resulting from the travel of con-
struction workers and transportation of materials
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15.
in connection with the construction of the Station
and to enter into supplementary agreements dealing with
the specific roads and bridges involved and the details
of improvements and maintenance to be done.
The Corporation agrees to fund an engineering study of
traffic access to and from Highway 401 and the site of
the Station. The study is to determine the feasibility
of constructing a Holt Road - Highway 401 interchange,
to assess the adequacy of the Courtice and Waverly Road
interchange improvements as proposed by the Ministry
of Transportation and Communications (MTC) and to
determine the upgrading required for the South Service
Road. In the event that a Holt Road interchange is
found to be feasible, and acceptable to the MTC, the
Region of Durham and the Town, the Corporation agrees
to finance the construction and maintenance of this
interchange whether it be of a temporary or permanent
nature. The Corporation also agrees to fund required
improvements and increased maintenance costs for the
South Service Road. It is the intent to have the
construction of a Holt Road interchange and/or alternate
Highway 401 access improvements completed prior to
commencement of the construction referred to in para-
graph 16.
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The Corporation agrees that until the supplementary
agreements referred to in paragraphs 9 and 14 have
been entered into it will not commence construction of,
or apply for a building permit for,any building, struc-
ture or other engineering work in connection with
the Station. The provisions of this paragraph do not
apply to temporary construction buildings, temporary
construction structures, road building, extension on
site of public utilities, site grading, shore line
reclamation work and other steps necessary for the
preparation of the site for construction of the
permanent buildings and structures to be constructed
on the Station site.
17. The Town and the Corporation agree that, if the sup-
plementary agreements referred to in paragraphs 9 and
14 are not entered into 300 days prior to the date the
Corporation schedules the start of construction of the
foundations of the permanent facilities, or by January 1,
1979, whichever is the later date, all outstanding issues
shall be submitted for resolution to binding arbitra-
tion as provided for below. In the event that any out-
standing issues are submitted to arbitration, the Town
16.
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may permit the Corporation to apply for building
permits and commence construction of the Station.
18.
The Town and the Corporation agree that any differ-
ences arising in connection with the interpretation
or application of this agreement, or with the achieve-
ment of supplementary agreements as referred to in
paragraphs 9, 10 and 14, such issues shall be submitted
to a board of arbitration, and the award of such board
of arbitration shall be final and binding on the Town
and the Corporation, and not subject to any appeal.
19.
The Town and the Corporation (for the purposes of this
paragraph, referred to a8 the parties) agree that any
arbitration as provided for in paragraph 18 shall be
constituted and established as follows:
(a) Either party may at any time serve on the other
party a notice requiring an arbitration and
specifying the relief cla~ed and the grounds for
cla~ing such relief;
(b) Within seven clear days of the service of such
notice, both parties shall appoint a member to 8.
board to be constituted in respect of such arbi-
tration;
20.
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(c) The members shall, within seven clear days from
the aforementioned seven day period, appoint a
chairman of the board of arbitration;
(d) The provisions of the Arbitrations Act, R.S.O.
1970, chapter 25, and schedules A and B thereto
shall, mutatis mutandis, be part of this procedure;
(e) The board of arbitration shall hear the matters
in dispute, and make their award in writing,
within three months after the appointment of the
chairman, and may not enlarge this time period
without the consent in writing of both parties.
The Corporation agrees that the Town may, at any time,
submit a claim to the Corporation for any item of
compensation arising from the construction and operation
of the Station, and that the Corporation will fairly
and reasonably consider such claim for compensation.
Should the Corporation deny, in whole or in part, any
such claim, or fail to respond to such claim within a
period of 90 days, the Town may submit the claim to a
board of arbitration as provided in paragraphs 18 and
19.
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21. The Corporation agrees to pay, to a maximum amount of
$50,000, the costs incurred by the Town for legal and
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consulting fees incurred from November 1, 1976
onward, in reviewing and assessing the Darlington
Generating Station Conmunity Impact Study and
Environmental Assessment, preparing a work program
for the preparation of the development strategy and
growth management program referred to in paragraph
7 (c) and settling this agreement. The Corporation
agrees to pay costs associated with the negotiating
and settling of supplementary agreements to a maximum
of $50,000.
22.
Except as otherwise provided herein, this agreement
shall remain in force until the later of December 31,
1988 or the first anniversary of the acceptance date
for cOUlDercial service of the fourth generating unit
at the Station. The monitoring program shall continue
in force for an additional period of one year from the
effective date of termination in order that compensation
due to the Town to the date of termination can be
determined.
Nothing contained in this agreement shall be construed
to relieve the Corporation of its liability to pay grants
in lieu of taxes pursuant to Section 47 of The Power
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Corporation Act or any similar taxes, grants or other
payments as may at any time be established in any future
amendments to The Power Corporation Act or Assessment
Act or in any other legislation.
24. If any amendments to legislation, or new legislation,
as referred to in paragraph 23, establish payments to
compensate the Town for the ~cts of construction of
the Station, the amounts of money not yet paid out here-
under shall be renegotiated forthwith. The sum of such
altered payments and the renegotiated amounts shall not
be reduced below the amounts which would otherwise have
been paid under paragraphs 26 and 27.
The Corporation and the Town agree that the Corporation
shall pay building pe~it fees at the rate of $5.00 per
$1,000 of building value.
25.
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26. The Corporation agrees to pay a special grant of $1,000,000
in respect of its financial obligations arising out of
paragraph 14 and those financial obligations arising
out of paragraph 7 (b) which relate to the advancement
of the construction of water mains, sanitary sewers and
sto~ sewers. This special grant will be payable as
follows :
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(a) The Corporation shall establish an account in
. its financial accounts to be known as Station
Account A. The Corporation shall from time to
time, within 60 days of the receipt of written
requisition therefor by the Town, pay from
Station Account A all costs and compensation
arising out of the provisions of this paragraph.
(b) On August 1st of each year during the duration of
this agreement, excluding the monitoring period
following the agreement,commencing August 1, 1978,
the Corporation shall pay one yearts interest on
the residual amount in Station Account A and credit
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the account accordingly. The interest rate shall
be the weighted average of the interest rates on
the public Canadian bonds issued by the Corporation
in the preceding fiscal year of the Corporation.
(c) Any residual amount in Station Account A at the
termination of this agreement shall not be paid
to the Town.
(d) If on termination of this agreement a review of
financial ~cts specified in this paragraph
indicates that the amounts in Station Account A
were insufficient to compensate the Town for those
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27.
~pacts, the Corporation shall pay the defi-
ciency, including any interest paid by the Town
as a result of the deficiency.
The Corporation agrees to pay a special grant of
$1,400,000 in respect of its financial obligations
under this agreement, with the exception of those
financial obligations under paragraphs 15, 23, 25
and 26. This special grant shall be payable as follows:
(a) The Corporation shall establish an account in
its financial accounts to be known as Station
Account B. The Corporation shall from time to
time, within 60 days of the receipt of written
requisition therefor by the Town, pay from
Station Account B all costs and compensation
arising out of the provisions of this paragraph.
(b) On August 1st of each year during the duration
of this agreement, commencing August 1, 1978,
the Corporation shall pay one year's interest on
the residual amount in Station Account B and credit
the account accordingly. The interest rate shall
be the weighted average of the interest rates
on the public Canadian bonds issued by the
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Corporation in the preceding fiscal year of
the Corporation.
(c) Any residual amount in Station Account B at
the termination of this agreement shall be paid
to the Town.
(d) If on termination of this agreement a review
of financial tmpacts specified in this paragraph
indicates that the 8IIlOunts in Station Account
B were insufficient to compensate the Town for
those impacts, the Corporation shall pay the
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deficiency.
(e)
The Town agrees that, if it has not implemented
a plan to house employees related to the con-
struction of the Station, and if such employees
have not been resident in the Town of Newcastle,
the Corporation may apply to a board of arbi-
tration for a reassessment of the residual
8IIlOunt payable from Station Account B at ter-
mination of this agreement. Should it be deemed
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by such a Board that the Town has not made an
adequate effort to accommodate a reasonable
proportion of the demands for housing for
the Darlington construction workers, the Board
may reduce the amount payable. The board of
arbitration shall be constituted within 30 days
of the date of termination of this agreement by
written notice given by the Corporation to the
Town. The procedures of paragraph 19 shall
apply to the board of arbitration.
28.
This agreement is made subject to the condition that
the Corporation is legally entitled to award and has
awarded the major contracts for site preparation or
has undertaken the site preparation itself before
September 1, 1977. If this condition is not satis-
fied the Corporation shall be bound to pay any
costs incurred by the Town under paragraph 12 up to
September 1, 1977, and the costs under paragraph 21.
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29. 'Ibis agreement .hall extend to, be binding upon
and enure to the benefit of the succe.sors and
assigns of the parties hereto.
IN WITNESS WHEREOF the Corporation and the Town
have cau.ed this agreement to be executed by the affixing
of their corporate seals attested by the signature. of
their proper officers duly authorized in that behalf.
ONTARIO HYDRO
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L?f~ I) 1977
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THE CORPORATION OF THE
TOWN OF NEWCASTLE
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Mayor
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DATED
1977
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ONTARIO HYDRO
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THE CORPORATION OF THE
TOWN OF NEWCASTLE
AGREEMENT
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SCHEDULE "A"
tlarch 3, 1977
TIIIS AGREEr--lENT made in duplicate this
day of
A.D. 1977.
BETl-"1EEN:
ONTARIO HYDRO
herein referred to as the Corporation
OF rfIfE FIRST PART
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THE CORPORATION OF THE TOvlli OF
NE~-vCASTLE
herein referred to as the Town
OF THE SECOND PART
WHEREAS the Corporation plans to construct and operate
a 3400 megawatt nuclear generating station, to be known as
Darlington Generating Station A, (hereinafter referred to as
the Station), in the Town of Newcastle, in the former Township
of Darlington, west of the former Town of Bo'~anville, on Lake
Ontario;
AND WHEREAS the construction of the Station is planned
to take place over a period of approximately 8 years, and is
forecast to require, at its peak, a construction work force of
approximately 3,300 people, and a permanent work force of
approximately 500 people;
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1\ND l'lIlERE1\S it is anticipated that the engagement of.
tllis construction and permanent work force will cause signi-,
ficant pressures for population growth in the Town of
l~cwcastle ;
AND WHEREAS it is recognized that rapid population
growth will have social, economic and financial impacts on
the Town and its inhabitants;
AND ~~EREAS the Corporation plans to construct a
2,150 megawatt oil-fired generation station, to be known as
l^7esleyvilleGenerating Station, in the Township of Hope,
approximately two miles east of the east boundary of the
.
Town of Newcastle, on Lake Ontario;
.z..ND WHEREAS the pressures for population growth due
to the work force engaged in connection with the construction
and operation of the Nesleyville Generating Station will com-
pound the social, economic and financial impacts on the Town
and its inhabitants noted above;
AND WHEREAS the Corporation does not intend that the
Town shall suffer as a result of the construction and
operation of the Station;
AND WHEREAS the Corporation has prepared an environ-
mental analysis of the Station and its construction, and is
committed to mitigating the effects of the construction and
operation of its facilities on the physical and natural
environment;
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AND WHEREAS, prior to the construction and oper<1t.lon
of the Station, the Council of the Town Must ensure that such
construction and operation will be carried out in the public
interest arid in the interest of the general health, safety and
welfare of the inhabitants of the Town of Newcastle.
THEREFORE the Corporation and the Town hereby agree,
in consideration of the covenants hereinafter contained, and
other good and valuable consideration, as follows:
1. The Town agrees to provide the Corporation with all
approvals within its' jurisdiction to grant to permit
the construction of the Station, provided that the
plans and specifications therefor comply with all
applicable legislation, regulations and by-laws
including the Atomic Energy Control Act and
regulations passed thereunder.
2. The Town agrees to pass any resolution, by-laws or
amendments to by-laws as may be necessary to permit
and expedite the construction and operation of the
Station.
3. The Town agrees to request the Council of the Regional
Municipality of Durham to apply to the Minister of
Housing for modification to the Regional Official
Plan to redesignate the Station site from "Special
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Study Area" to a classification that will permit
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the construction and operation of the Station.
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The Town agrees to support the Corporation in any
application brought by the Corporation to obtain the
necessary redesignation.
4. The Corporation agrees to involve the Town on a
continuing basis in the discussions with government
ministries, in the research and design programs
and in the approval proc~ss under the Environmental
Protection Act leading to the establishment of an
approved design for the cooling water system for
the Station.
5.
The'Town agrees not to oppose any application or
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submissions made by the Corporation to the Minister
of the Environment or the Lieutenant Governor in
Council to exempt, under Section 30 of The Environmental
Assessment Act, the undertaking of constructing,
operating and maintaining the Station from the
application of The Environmental Assessment Act,
6. The Town agrees to pass the necessary by-laws to
close-such road allowanbes existing within
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the site of the Station as may be requested by the
.
Corporation and to convey those road allowances to
the Corporation (at a price of $8,000 per acre)
with a closing date of September 1, 1977. The
Corporation agrees to pay all costs involved,
including those for the preparation of surveys,
legal descriptions and deeds, drafting the necessary
by-laws and advertisip.g by publication.
7. The Corporation agrees to compensate the Town for
those financial impacts undergone by the Town as a
.
result of the construction and operation of the
Station including financial impacts resulting from
any reduction in population in the Town of Newcastle
.
due to the completion of construction of the Station
and emigration of workers from the Town of Newcastle.
It is understood that the timing of such financial
impacts may be advanced by the 'construction of other
facilities of the Corporation. It is agreed that a
preliminary but not exclusive list of such financial
impacts is as follows:
(a) the cost of advancing community facilities and
providing community services required to
successfully integrate temporary workers into
communities within the Town of Newcastle,
(b)
the costs associated with advancing the con-
.'
struction of facili;ties necessary to accommodate
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the increase in population due to the constJ~uclion
and operation of the Station. and of carrying t~e
incremental changes in cost' due to a population
decllne as?ociated with the emigration of
constru~tion workers from the Town of Newcastle.
(c) Subject to the provisions of paragraph 12
the cost of preparation and management of a
development strategy and growth management
program to enable the Town to adopt policies
and implement plans to accommodate population
growth associated with the Station.
(d) Such other iteinswhich may be identified during
the preparation of the development strategy and
growth management program referred to in
paragraph (c) above, and during the monitoring
process referred to in paragraph 11.
The Corporation agrees to fund additional reasonable
studies by outside consultants, where more information
than has been provided by the Corporation is agreed to
be required in assessing the impacts referred to in
paragraph 7 and the compensation for those impacts.
9. The Town agrees to establishi by January 1, 1978, a
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list of specific items of financial impact for which
,supplementary agreements are required. The Town and
the Corporation agree to enter into such supplementary
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agreements within which measures of compensation
are determined. Any failure to id~ntify an item
of impact shall not relieve the Corporation of its
obligation assumed under paragraph 7 to compensate
~]le Town for such impact and the provisions of
paragraph 20 are applicable to any claim.
10; The Town and the Corporation agree that the failure
to identify any item of impact by January 1, 1978.,
shall not preclude the negotiation and settlement
of further supplementary agreements.
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11. The Corporation agrees to propose methods, review
proposals and to partici~atewith the Town in a
process of monitoring the ongoing social, economic
and financial impact of the construction of the Station
in the Town of Newcastle and to fund expenses incurred
by the Town for such monitoring program to a maximum
of $300,000 commencing August 1, 1977, and concluding
as provided in p~ragraph 22. The Town agrees that the
maximum expenditure in anyone twelve month period
shall not exceed $50,000.
(These maximums are ~ithin
the overall liability of the Corporation and are set
in 1977 dollars.
They will be adjusted upwards to
reflect increased costs as a result of inflation.)
12. The Corporation agrees to fund to a maximum cost of
$80,000 the cost of the preparation and management
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of the development strategy and growth management
program referred to in paragraph 7 (c).
13.
The Town agrees that it will enact in accordance with
established procedures, and at nO'expense to the Corporation,
the necessary ~oning by-laws and in co-operation with the
Regional Municipality of Durham draft the necessary official
plan amendments to implement the development strategy
referred to in paragraph 12.
14. The Corporation agrees to pay the increase in costs for
improving and maintaining those roads and bridges, except
the South Service Road between the Court ice and Waverly
interchanges, reasona~ly required for the increase in
traffic resulting from the travel of construction
workers and transportation of materials in connection
with the construction of the Station and to enter into
supplementary agreements dealing with the specific roads
and bridges involved and the details of improvements and
maintenance to be done.
15. The Corporation agrees to fund an engineering study of
traffic access to and from Highway 401 and the site of
the Station. The study is to determine the feasibility
of constructing a Holt Road - Highway 401 interchange,
to assess the adequacy of the Court ice and Waverly Road
interchange improvements as proposed by the Ministry of
Transporation and Communic~tions (MTC) and to
determine the upgrading required for the South
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Service Road.
In the event that a Holt Road inter-
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change is found to be feasible, and acceptable to the
MTC, the Region of Durham and the Town, the Corporation
agrees to finance the construction and maintenance
of this interchange whethe~ it be of a temporary or
permanent nature.
The Corporation also agrees to fund
required improvements and increased maintenance costs
for the South Service Road.
It is the intent to have
the construction of a Holt Road interchange and/or
alternate Highway 401 access improvements completed
prior to commencement of the construction referred to
in paragraph 16.
16. The Corporation agrees that until the supplementary
agreements referred to in paragraphs 9 and 14 have
been entered. into it will not commence construction of,
or apply for a building permit for any building,
structures or other engineering vlorks in connection ".,i th
the Station.
The provisions of this paragraph do not
apply to temporary construction buildings, temporary
construction structures, road building, extension on
site bf public utilities, site grading, shore line
reclamation work and other steps necessary for the
preparation of the site for construction of the
permanent buildings and structures to be constructed
on the station site.
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17.
The Town and the Corporation agree that, if the
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supplementary agreements referred to in paragraphs
9 and 14 are not entered into 300 days prior to
the date the Corporation schedules the start of
construction of the foundations of the permanent
facilities, or by January 1, 1979, whichever is
the later date, all outstanding issues shall be
submitted for resolution to binding arbitration as
provided for below.
In the event that any'out-
standing issues are submitted to arbitration, the
Town may permit the Corporation to apply for building
permits and commence 'construction of the Station.
18.
The Town and the Corporation agree that any differences
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arising in connection with the interpretation or
application of this agreement, or with the achievement
of supplementary agreements as referred to in paragraphs
9, 10 and 14, such issues shall be submitted to a board
of arbitration, and the award of such board of
arbitration shall be final and binding on the Town and
the Corporation, and not subject to any appeal.
19. The Town and the Corporation (for the purposes of this
paragraph, referred to as the parties) agree that any
arbitration as provided for in paragraph 18 shall be
constituted and established as follows:
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(a)
Either party may at any time serve on the
other party a notice requiring an arbitration
and specifying the relief claimed and the
grounds for claiming such relief;
(b) Within seven clear days of the service of
such notice, both parties shall appoint a
member to a board to be constituted in respect
of such arbitration;
(c) The members shall, within seven clear days
from the aforementioned seven day period,
appoint a chairman of the board of arbitration;
(d) The provisions of the Arbitrations Act, R.S.O.
1970, chapter 25, and schedules A and B thereto
shall, mutatis mutandis, be part of this pro-
cedure;
(e)
The board of arbitration shall hear the matters
in dispute, and make their award in v!ri ting,
within three months after the appointment of
the chairman, and may not enlarge this time
period without the consent in writing of both
parties.
20. The Corporation agrees that the Town may, at any time,
submit a claim to the Corporation for any item of
compensation arising from the construction and operation
of the Station, and that the Corporation.will fairly
and reasonably consider such claim for compensation.
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Should the Corporation deny, in whole or in part,
any such claim, or fail to respond to such claim
within a period of 90 days, the Town may submit
the claim to a board of arbitration, constituted
as provided in paragraph '19.
21. The Corporation agrees to pay, to a maximum amount
of $50,000, the costs incurred by the Town for legal
and consulting fees incurred from November I, 1976
onward, in reviewing and as~~~g_th~ Dqr~~ngton /,r)
~_enerating~tation-~::.n~~ity Impact. St.u.<!y ."nd I ~
. Environmental }\I::Lses.sm8nt, ~aring a work program V-
for the preparation of the development strategy and
growth management program referred to in paragraph
7 (c) and settling this agreement. VThe Corporation
agrees to pay costs associated with the negotiating
and settling of s:Qpplementarya~reements to a
maximum of $50,000.
22. Except as otherwise provided herein, this agreement
shall remain in force until the later of December 31,
19BB or the first anniversary of the acceptance date
for commercial service of the fourth generating unit
at the Station. The monitoring program shall continue
in force for an additional period,of one year from the
effective date of termination in order that compensation
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due to the Town to the date of termination can be
determined.
23.
Nothing contained in this agreement shall be construed
to relieve the Corporation of its liability to pay grants
in lieu of taxes pursuant to Section 47 of The Power
Corporation Act or any similar taxes, grants or other
payments as may at any time be established in any future
amendments to The Power Corporation Act or Assessment Act
or in any other legislation.
24. If any amendments to legislation, Dr new legislation, as
referred to in paragraph 23 establish payments to
compensate the Town for the impacts of cons'truction of
the Station, the amounts of money not yet paid out here-
under shall be renogotiated forthwith. The sum of such
altered payments and the renegotiated amounts shall not
be reduced below the amounts which would otherwise have
been paid under paragraphs 26 and 27.
25. The Corporation and the Town agree that the Corporation
shall pay building permit fees at the rate of $5.00 per
$1,000 of building value.
26. The Corporation agrees to pay a special grant of
$1,000,000 in respect of its financial obligations
arising out of paragraph 14 and those financial
obligations arising out of paragraph 7(b) which
relate to the advancement of the construction of
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water mains, sanitary sC\vers and ::itorm S8vlcrs. 'l'ld s
special grant will be payable as follows: '
(a)
The Corporation shall establish an account in
its financial accounts to be known as Station
Account A. The Corporation shall from time to
time, within 60 days of the receipt of written
requisition therefor by the Town, pay from
Station Account A all costs and compensation
arising out of the provisions of this paragraph.
(b) On August 1st of each year during the duration
of this agreement, excluding the monitoring period
following the agreement commencing August 1, 1978,
the Corporation shall pay one year's interest
on the residual amount in Station Account A
and credit the account accordingly. The interest
rate shall be the weighted average of the interest
rates on the public Canadian ponds issued by the
t/ .("ca..l r J L . V
Corporation in the preceding~earor~GOr~.
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(c) Any residual amount in Station Account A at the
termination of this agreement shall not be paid
to the Town.
(d) If on termination of this agreement a review of
financial impacts specified in this paragraph
indicates that the amounts in Station Account A
were insufficient to compensate the Town for
those impacts, the Corporation shall pay the
deficiency, including any interest paid by the
Town. as a result of the deficiency.
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27.
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The Corporation agrees to pay a special grant of
$1,400,000 in respect of its financial obligations
under this agreement, with the exception of those
fjnancial obligations under paragraphs 15 and 26.
This special graht shall be payable as follows:
(a) The Corporation shall establish an account
in its financial accounts to be known as
station Account B. The Corporation shall
from time to time, within 60 days of the
receipt of written requisition therefor by
the Town, pay from Station Account Ball
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costs and compensation arising out of the
provisions of this paragraph.
(b).
On August 1st of each year during the duration
of this agreement, commencing August I, 1978,
the Corporation shall pay one year's interest
on the residual amount in Station Account B
and credit the account accordingly. The
interest rate shall be the weighted average of
the interest rates on the public Canadian bonds
issued by the Corporation in the preceding fiscal
year of the Corporation.
(c) Any residual amount in Station Account B at the
termination of this agreement shall be paid to
the Town.
(d)
If on termination of this agreement a review
of financial impacts specified in this paragraph
indicates that the amounts in Station Account B
were insufficient to compensate the Town for
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those impacts, the Corporation shall pay the
(e)
deficiency.
The Town agrees that, if it has not implemented
a plan to house employees related to the construction
of the Station, and if such employees have not been
resident in the Town of Newcastle, the Corporation
may apply to a Board of Arbitration for a re-
assessment of the residual amount payable from
Station Account "B" at termination of this
Agreement. Should it be deemed by such a Board
that the Town has not made an adequate effort to
accommodate a reasonable proportion of the demands
for housing for the Darlington construction workers,
the Board may reduce the amount payable. The Board
of Arbitration shall be constituted within 30 days
of the date of termination of this Agreement by
written notice given by the Corporation to the
Town. The procedures of paragraph 19 shall apply
to the Board of Arbitration.
28. This Agreement is made subject to the condition that the
Corporation is legally entitled to award and has awarded
the major contracts for site preparation or has undertaken
the site preparation itself before September 1, 1977. If
this condition is not satisfied the Corporation shall be
obligated to pay any costs incurred by the Town under
Paragraph 12 up to September 1, 1977, and the costs under
Paragraph 21.
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Form R-6
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Ontario
Municipal
Board
416/965-1908
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180 Dundas St. w.
Toronto Ontario
M5G 1 E5
r
The Clerk,
Town of Newcastle,
40 Temperance Street,
BOWMANVILLE, Ontario.
LIC 3A6
L
Quote File Number
,It 77127J_
R 771274
R 771832
R 771833
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June 12, 1978.
Dear Sir:
Enclosed is documentation as follows:
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Copy of Decision Dated
June 12, 1975.
Copy of Decision dated
(Signed Duplicate Original to fOllow)
Duplicate Original of Decision dated
Board's Order made
Appointment for Hearing
Yours truly,
: S1,"v
Enclosure
~-,/1"c..
C. Saruyama
Supervisor
Planning Administration
~ECE1VED
JUN 13 1978
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TOWN OF NEWCASTLE
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